Kochi: The Kerala High Court has ruled that a mother's right to breastfeed and a baby's right to be breastfed are integral aspects of the right to life under Article 21 of the Constitution. This ruling comes after the court quashed an order from a Child Welfare Committee (CWC) that had granted custody of a breastfeeding infant to the father.

Background of the Case

The CWC awarded custody to the father based on concerns for the infant's safety, citing that the mother had eloped with her father-in-law. However, Justice V G Arun quashed the CWC's decision, stating that it reflected a "moral bias" among the committee members.

Court's Observations

The court highlighted that the CWC had deemed the mother unfit based on the personal predilections of its members, stating, "The one and only concern of the committee should be the best interest of the child. That the mother of the child has chosen to live with a person other than her husband is not the committee's concern."

The court further remarked, "Judged by the moral standards of the members, the petitioner (mother) may not be a good person, but that does not make her a bad mother. Personal moral values always result in biased judgments."

Right to Breastfeed

Expressing dismay, the court noted that the CWC had overlooked the fact that the infant was being breastfed while swiftly granting custody to the father. It stated, "The counsel for the petitioner is correct in her submission that severance of a one year and four month old baby from its mother violates her right to breastfeed the baby and that of the baby to be breastfed, such right being a facet of right to life under Article 21 of the Constitution."

The court described the CWC's order as "disheartening," resulting in the infant being separated from its mother for nearly a month, which denied the child the "care, comfort and love which is most crucial at this stage."

Legal Principles

The court remarked that the CWC's role should only arise when both parents are unable to care for the child. "The CWC having failed to consider these crucial factors, the impugned order cannot withstand the scrutiny of law," it stated.

Furthermore, the court concluded that the CWC's decision violated principles of natural justice, infringing upon the fundamental rights of both the mother and the child. The ruling followed a plea filed by the mother, represented by advocate Bhanu Thilak, challenging the CWC's order.

with PTI inputs